(A) Applicability of section. This section applies whenever:
(1) A disaster emergency affecting all or part of the county has been declared by the Governor pursuant to I.C. 10-14-3-12 and 10-14-3-13;
(2) A disaster emergency affecting all or part of the county has been declared by the principal executive officer of the county pursuant to I.C. 10-14-3-29;
(3) A presumptive state of emergency is deemed to exist affecting all or part of the county causing the Director to invoke and implement emergency plans and procedures in accordance with division (H) of this section; or
(4) When the Board of Commissioners has implemented a test of the county’s emergency plans and procedures in accordance with § 36.22(F) of this chapter.
(B) Pre-disaster responsibilities. The Department of Emergency Management’s primary pre-disaster responsibility shall be the planning function as prescribed in the County Comprehensive Emergency Management Plan as prescribed for the entire county, including all cities and towns.
(C) Special emergency powers and duties of principal executive officer. In the event of actual or threatened enemy attack or disaster affecting the county, the principal executive officer of the county may declare a local disaster emergency pursuant to I.C. 10-14-3-29 for any period not to exceed seven days. The declaration shall be in writing and indicate the nature of the disaster and the conditions which have brought it about, and the area or areas threatened and to which the state of emergency applies (which may include the entire county or only designated parts thereof). The declaration shall be filed in the offices of the County Clerk and the Clerk of any incorporated municipality included in the declaration. The declaration is not invalidated nor ineffective if any of the filing and dissemination requirements cannot be complied with due to the prevailing adverse circumstances. Such a declaration is not necessary if the Governor, pursuant to I.C. 10-14-3-12 and 10-14-3-13, has already proclaimed a statewide or area- wide state of emergency including the county.
(D) Emergency meeting of Commissioners. As soon as possible after a disaster emergency affecting the county is declared either by the Governor or by the principal executive officer of the county, the principal executive officer of the county shall convene a meeting of the Commissioners to perform their legislative and administrative functions as the situation may demand. If the principal executive officer fails or is unable to perform the above duty, the meeting shall be convened by some other member of the Board of Commissioners, or by the Auditor or the successively empowered county officers, in accordance with I.C. 36-2-2-8(a). Any such meeting of the Commissioners shall automatically be deemed an emergency meeting subject only to such procedural provisions of law as govern emergency meetings of County Commissioners, including relaxation of any applicable notice requirements pursuant to I.C. 5-14-1.5-5(d), and may be held in any convenient and available place. The meeting shall continue without adjournment for the duration of the disaster emergency but may be recessed for reasonable periods of time as necessary and permitted by the circumstances.
(E) Special emergency powers in absence of Board quorum. In the event that a quorum of the Board of Commissioners cannot be assembled for purposes of the meeting required under division (D) of this section, the principal executive officer of the county shall have all powers and may take all actions of the full Board under divisions (F)(1)(b) through (F)(1)(m) of this section until the assemblage of a quorum is possible.
(F) Special emergency powers and duties of Commissioners.
(1) At the meeting convened under division (D) above, the Commissioners may exercise any of their normal executive and legislative powers to the extent related to the emergency and necessary to deal therewith. In addition, however, they may also exercise any of the following special and extraordinary powers:
(a) The Commissioners may extend the period of a state of emergency declared by the principal executive officer pursuant to division (C) to last more than seven days if necessary.
(b) The Commissioners may terminate the state of emergency, except for a state of emergency proclaimed by the Governor.
(c) The Commissioners may order the activation and implementation of the county’s Comprehensive Emergency Management Plan that has been adopted pursuant to § 36.22(J) of this chapter, or such several component parts thereof as may be relevant to the emergency.
(d) The Commissioners may assemble and utilize emergency management forces, including personnel of the Department of Emergency Department, participating emergency service agencies, and any other forces at the disposal of the Commissioners hereunder for emergency management purposes.
(e) The Commissioners may order volunteer forces to the aid of the county, state, or political subdivisions thereof as soon as practicable. Such volunteer forces will be under the direction of the Department of Emergency Management.
(f) The Commissioners may, to the extent permitted by I.C. 10-14-3 and subject to its provisions, command services from and/or requisition the use of equipment, facilities, supplies, or other property belonging to other organizations, corporations, or private persons as necessary to control the emergency and protect and provide for the public safety and welfare.
(g) The Commissioners may order the evacuation of all or part of the population from stricken areas of the county, and prescribe routes, modes of transportation, and destinations for such evacuation.
(h) The Commissioners may make provision for availability and use of temporary emergency housing, which housing need not necessarily comply with any minimum housing standards, building or zoning regulations, etc., which would govern the use and location of premises for housing purposes during normal times.
(i) The Commissioners may suspend, for the duration of the state of emergency (or for a lesser period as they determine), any provisions of or procedures prescribed by ordinances of the county if they would be impractical during the emergency, would interfere with the implementation and carrying out of emergency plans, or would be inimical to actions necessary to protect the public safety and welfare; provided, however, that except in accordance with division (F)(1)(j) hereinafter, the Commissioners may not suspend any provisions of ordinances or procedures which are mandated by statute.
(j) In the event of enemy attack or when the state of emergency has been proclaimed by the Governor, the Commissioners may waive any procedures or requirements of statute or of county ordinances reflecting statutory requirements and mandates in accordance with I.C. 10-14-3.
(k) The Commissioners may assign special emergency duties and functions to any county offices, departments, and agencies irrespective of their usual duties and functions, and any unexpended and unencumbered monies budgeted and appropriated (major object classification) may be utilized and expended for the purpose of carrying out such special emergency duties and functions.
(l) The Commissioners may make and promulgate such emergency regulations as may be deemed necessary to protect life and property, preserve order, conserve critical resources, or implement and carry out the provisions of the county’s or state’s disaster plans, including but not limited to the power to order the roads closed, establish curfews, close businesses, or any other action that they deem necessary to save lives and recover from a declared emergency. This power also includes the power to supplement, modify, or suspend any general contingency regulations which may have been incorporated as part of the county’s previously adopted Comprehensive Emergency Management Plan. Any emergency regulations adopted under this division shall not be effective until promulgated, which promulgation shall be by written filing in the offices of the County Clerk as required by I.C. 10-14-3-22; provided, however, that should such filing be impossible because of the emergency situation, such regulations shall have the full force of law and shall be enforceable by any police officer in accordance with I.C. 10-14-3.
(m) The Commissioners may request the state or the United States or their agencies and political subdivisions to send aid (including financial assistance).
(2) All actions and regulations under this division (F) may be by executive order, and need not be made or adopted by ordinance or resolution, but shall be consistent with and subordinate to any actions, order, or regulations made by the Governor or a state agency implementing the Indiana Department of Homeland Security Comprehensive Emergency Management Plan.
(G) Special emergency powers and duties of Director.
(1) It shall be the duty of the Director to make recommendations and advise the Board of Commissioners or the Principal Executive Officer on any actions which it would be necessary or desirable to take under division (F) of this section in the event of an emergency.
(2) In the event that an emergency clearly exists or is imminent within the county, and a state of emergency has not been declared by the Governor nor is any person having the powers of the principal executive officer of the county present to declare such an emergency pursuant to division (C) of this section, the Director may temporarily presume the existence of a state of emergency even though not officially declared and may, as his or her own judgment dictates, invoke, implement, and carry out such provisions of the county’s adopted Comprehensive Emergency Management Plan as are necessary to cope with the emergency and protect the public safety and welfare, and shall be construed to have all powers necessary and dispensable to doing so to the extent not specifically limited by statute or specifically limited herein, until such time as the principal executive officer becomes available. This section also applies to the Deputy Director to the extent that the Deputy Director is required to assume the duties of the Director, as provided by § 36.22(E) of this chapter, in the latter’s absence or incapacitation during the emergency. Assistance from the Department of Emergency Management may be rendered without a declaration of an emergency in order to assist local emergency services in time of need.
(H) Designation of local travel advisory.
(1) If the principal executive officer of the county issues a local travel advisory as part of an emergency declaration under this subchapter, the principal executive officer shall designate the travel advisory as falling into one of the following categories:
(a) “Advisory” level. ADVISORY, the lowest level of local travel advisory, means that routine travel or activities may be restricted in areas because of a hazardous situation, and individuals should use caution or avoid those areas.
(b) “Watch” level. WATCH means that conditions are threatening to the safety of the public. During a “watch” local travel advisory, only essential travel, such as to and from work or in emergency situations, is recommended, and emergency action plans should be implemented by businesses, schools, government agencies, and other organizations.
(c) “Warning” level. WARNING, the highest level of local travel advisory, means that travel may be restricted to emergency management workers only. During a “warning” local travel advisory, individuals are directed to:
1. Refrain from all travel;
2. Comply with necessary emergency measures;
3. Cooperate with public officials and disaster services forces in executing emergency operations plans; and
4. Obey and comply with the lawful directions of properly identified officers.
Further and more specific restrictions, including parking restrictions, may be included in a “warning” local travel advisory.
(2) If the Director or the principal executive officer of the county determines that conditions within the county have created the need for travel advisory restrictions without a local disaster emergency declaration under this subchapter, the Director or the principal executive officer may issue an “advisory” or a “watch” level travel advisory.
(3) A “warning” level travel advisory may be issued only after a local disaster emergency is declared under this subchapter.
(I) Duties of county officers and employees during emergency. All officers and employees of the county shall cooperate with and give active support to the Commissioners and to the County Emergency Management Director in all emergency management operations, and shall comply with all orders of the Commissioners and County Emergency Management Director issued pursuant to this section.
(J) Priority of emergency orders, rules, and regulations. At all times when the orders, rules, and regulations made and promulgated pursuant to this section shall be in effect, they supersede all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.
(K) Violations; penalties and enforcement.
(1) Whenever this section applies as provided in division (A) above, it shall be unlawful and a penal ordinance violation for any person to:
(a) Willfully obstruct, hinder, or delay the Commissioners, the Director of Emergency Management, participating emergency service agencies, authorized emergency management volunteers, or other authorities from implementing, carrying out, and enforcing emergency plans and procedures;
(b) Fail to observe, abide by, and comply with any emergency management duties, orders, regulations, and procedures as made applicable to such person by the appropriate authorities; or
(c) Falsely wear or carry identification as a member of the County Department of Emergency Management, or to otherwise falsely identify or purport himself or herself to be a county emergency management authority.
(2) Any regular or reserve police officer of the state or any of its political subdivisions, or any member of the County Department of Emergency Management or a participating emergency service agency, is hereby empowered to issue and serve a civil citation against any person found to be committing an offense described above. Any person who commits an offense as described above shall be liable to a fine of $2,500; such fine to be subject, however, to the discretion of the court of jurisdiction.
(3) A person who knowingly, intentionally, or recklessly violates I.C. 10-14-3 commits a class B misdemeanor pursuant to I.C. 10-14-3-34.
(Ord. 2014-3, passed 6-9-2014)